City of El Paso files lawsuit to OK baseball stadium plans

The city this week filed a lawsuit in Austin asking the state courts to conclude that it's entitled to proceed with its ballpark plans -- and that opponents looking to stop City Hall from being imploded cannot stop or delay the plans.

The city filed its petition for an expedited declaratory judgment in Travis County on Monday. City officials hope the courts will rule that the bonds for the ballpark and its associated contracts are "lawful, valid and enforceable."

The state Attorney General's Office, whose Finance Division approves all bonds issued by Texas cities, is in Travis County and is named as a defendant in the suit.

Under state statute, a trial will be scheduled for the first Monday after the 20th day after the date of the order -- Feb. 4 in this case.

REPORTER

Cindy Ramirez

Several lawsuits, complaints and petitions have sought to stop the demolition of City Hall to accommodate the ballpark.

Among them is a lawsuit, now pending in state court, which is seeking an injunction against the city until the issue of whether to tear down City Hall is taken to El Paso voters in the May 11 city election. Also pending is a petition that has been certified by the city clerk and is awaiting City Council action.

"They're desperate," Sal Gomez said of city officials.

Gomez is with the Coalition for Responsive Government, which filed the lawsuit seeking the injunction, as well as a certified petition. Gomez said he and others who want voters to have a say in whether to demolish City Hall will be in Travis County for the hearing.

In the lawsuit, attorneys for the city argue that state law, through the election held Nov. 6 that authorized the ballpark as a venue project and established a hotel tax increase to help fund it, supercedes the El Paso City Charter that allows residents the right to an initiative.

The city canvassed its election results Nov. 19, and under the Election Code, the results of such an election cannot be contested 30 days after the canvass, according to the petition. That deadline was Dec. 19.

The City Charter also does not include any right of entitlement to delay any legally authorized action pending the schedule for a potential election on a ballot measure, the petition states.

"A small group of disgruntled citizens, through the misuse of a Charter initiative right, should not be able to impede the clear will of the majority of City voters who approved the Venue Project," the petition states.

The city also argues that the location of the ballpark was "widely known and debated," and that the City Council has adopted numerous resolutions and ordinances and entered into numerous contracts "that made unequivocal representations regarding its intention to locate the Venue Project on the current site of City Hall."